(Renumbered by Ord. No. 186,477, Eff. 1/23/20.)
A. Criminal Enforcement.
1. A person who knowingly or willfully violates a provision of this Article is guilty of a misdemeanor. Any person who knowingly or willfully causes another person to violate a provision of this Article, or who aids and abets another person in the violation of a provision of this Article, is liable under the provisions of this Section.
2. Prosecution of a violation of this Article shall be commenced within four years after the date of the violation.
3. A person convicted of a misdemeanor under this Article may not act as a City lobbyist or as a City contractor for four years following the date of the conviction, unless the court specifically determines at the time of sentencing that this provision should not be applied. For purposes of this Subsection, a plea of nolo contendere is a conviction.
B. Civil Actions.
1. A person who intentionally or negligently violates a provision of this Article is liable in a civil action brought by the City Attorney, the Ethics Commission, or a person residing within the City. The amount of liability may not exceed the greater of $5,000 per violation or three times the amount the person failed to properly report or unlawfully contributed, expended, gave, or received.
2. If two or more persons are responsible for a violation, they are jointly and severally liable.
3. Before filing a civil action pursuant to this Subsection, a person other than the City Attorney shall first file with the Ethics Commission a written request for the Ethics Commission to commence an action. The request shall contain a statement of the grounds for believing a cause of action exists. The Ethics Commission shall respond within 40 days after receiving the request and indicate whether it intends to file a civil action. If the Commission indicates in the affirmative and files an action within 40 days after the response, no other action may be brought unless the action brought by the Ethics Commission is dismissed without prejudice.
4. In determining the amount of liability, the court may take into account the seriousness of the violation and the degree of culpability of the defendant. If a judgment is entered against the defendant or defendants in an action, a private plaintiff shall receive 50 percent of the amount recovered. The remaining 50 percent shall be deposited into the City’s General Fund. In an action brought by the City Attorney or the Ethics Commission, the entire amount shall be paid to the City’s General Fund.
5. An action alleging a violation of this Article may not be filed more than four years after the date the violation occurred.
C. Injunctive Relief. A person residing within the City, including the City Attorney, may sue for injunctive relief to enjoin violations or to compel compliance with the provisions of this Article.
D. Costs of Litigation. In a civil action, the court may award to a prevailing party, other than an agency, the party’s costs of litigation, including reasonable attorneys’ fees. If the costs or fees are awarded against the City, the payment of the award is the responsibility of the City, subject to City Council approval.
E. Administrative Penalties. The Ethics Commission may impose penalties and issue orders for violations of this Article pursuant to its authority under Charter Section 706
(c).
F. Liability.
1. In addition to a committee itself, persons who qualify under the Political Reform Act as principal officers of the committee are jointly and severally liable for violations by the committee. For City committees controlled by a candidate for elected City office, the candidate and the committee treasurer are deemed to be principal officers. (Amended by Ord. No. 183,236, Eff. 10/30/14.)
2. In addition to a person whose conduct is required or prohibited under this Article, an agent acting on behalf of that person is jointly and severally liable for a violation that arises out of the agent’s actions. There is a rebuttable presumption that the following persons are agents of a committee:
a. A current or former officer of the committee;
b. An employee of the committee;
c. A person who has received compensation or reimbursement from the committee; and
d. A person who holds or has held a position within the committee organization that reasonably appears to be able to authorize expenditures for committee activities.
3. This Subsection does not limit potential liability for persons who cause another person to violate this Article or who aids and abets another person in a violation as described in Charter Section 706.